UNITED STATES v. TREFFINGER

No. 335, Docket 23518.

224 F.2d 855 (1955)

UNITED STATES of America, Appellee, v. Christ H. TREFFINGER, trading as Bronx Home Products, Appellant.

United States Court of Appeals Second Circuit.

Decided July 6, 1955.


Attorney(s) appearing for the Case

Joseph Winston, New York City, for defendant-appellant.

J. Edward Lumbard, U. S. Atty., for Southern District of New York, New York City, George S. Leisure, Jr., Asst. U. S. Atty., New York City, of counsel, for U. S.

Before CLARK, Chief Judge, CHASE, Circuit Judge, and RYAN, District Judge.


CHASE, Circuit Judge.

The appellant, doing business under the name of Bronx Home Food Products, concededly shipped in interstate commerce a substance labeled as above stated which was to be sold to the public as horseradish prepared for use as a food. The evidence introduced by the government through witnesses, who had analyzed samples taken from such shipments, which tended to show that grated parsnip roots had been mixed with the grated horseradish roots in violation...

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